Guest Guest116766 Posted March 28, 2016 Share Posted March 28, 2016 Hi My partner has previously been a sponsor in a defacto visa, within the last five years. Will this affect our potential partner visa application? If we are married does this make a difference/ make it easier? is there a different visa for people who are married or does it all fall under the spouse/partner visa? Link to comment Share on other sites More sharing options...
wrussell Posted March 28, 2016 Share Posted March 28, 2016 Will this affect our potential partner visa application? From what you have posted, yes. May I suggest that you consult a registered migration agent for advice about strategy? Link to comment Share on other sites More sharing options...
Guest Guest116766 Posted March 28, 2016 Share Posted March 28, 2016 Sorry, can you clarify what you are answering yes to? Thanks, Ben. Link to comment Share on other sites More sharing options...
wrussell Posted March 28, 2016 Share Posted March 28, 2016 Sorry, can you clarify what you are answering yes to? Thanks, Ben. Will this affect our potential partner visa application? Link to comment Share on other sites More sharing options...
Guest Guest116766 Posted March 28, 2016 Share Posted March 28, 2016 Okay thanks, well I guess I will arrange an appointment with an immigration specialist/lawyer and see what we can do. Any other info or advice would be greatly appreciated... Link to comment Share on other sites More sharing options...
MaggieMay24 Posted March 28, 2016 Share Posted March 28, 2016 From the DIBP website..... " [h=4]Limitations on sponsorship[/h]You cannot be a sponsor if you: were sponsored for a Partner or Prospective Marriage visa within the last five years have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the last five years." Being married doesn't change this, as it's the same visa. You'd be wise to speak with a registered migration agent such as Westly. Link to comment Share on other sites More sharing options...
flag of convenience Posted March 28, 2016 Share Posted March 28, 2016 The rules appear blindly obvious to me. Not sure why you'd need to approach a migration agent, only to be told the same thing. I suspect you'll need to wait out the required time. The rulings of course assist that particular visa becoming a de facto migration service. Link to comment Share on other sites More sharing options...
Guest Guest116766 Posted March 28, 2016 Share Posted March 28, 2016 Would it be the same as it says there in the bold text "Partner or Prospective Marriage" actually getting married would not be a prospective marriage would it, so would it still be the same visa? Link to comment Share on other sites More sharing options...
louisella Posted March 28, 2016 Share Posted March 28, 2016 I'm a little confused, your other post says you're applying for a 189 visa so not sure where the partner visa fits in? Link to comment Share on other sites More sharing options...
Guest Guest116766 Posted March 28, 2016 Share Posted March 28, 2016 Yeah, I am in a relationship with an Australian girl and thought I could get residency through a 189 visa. But today I was looking to submit my EOI only to find out my assessing authority I used isn't approved for migration purposes and I am unable to use another Assessing body. Therefore we are seeking alternative routes so we can stay living together. Link to comment Share on other sites More sharing options...
vickyplum Posted March 28, 2016 Share Posted March 28, 2016 Would it be the same as it says there in the bold text "Partner or Prospective Marriage" actually getting married would not be a prospective marriage would it, so would it still be the same visa? If you got married (outside of the visa process) you would then need to apply for the partner visa, so you'd be in the same situation either way. Two visas (1) Partner / defacto, and (2) Prospective Marriage. Link to comment Share on other sites More sharing options...
Guest Guest116766 Posted March 28, 2016 Share Posted March 28, 2016 Okay, I did not know that. So in visa terms it makes no difference whether you are married or not? Link to comment Share on other sites More sharing options...
vickyplum Posted March 28, 2016 Share Posted March 28, 2016 I don't know the details of the prospective marriage visa - I suggest you look them up if interested, but I understand that you must be getting married within a certain period of applying. The partner visa is usually granted as temporary if you've lived together three or less years, and permanent if living together more than three years / or have children. LINKS BELOW: 309/100 Partner Visa Offshore - https://www.border.gov.au/visas/Pages/309-100-Partner-(Provisional-and-Migrant).aspx 820/801 Partner Visa Onshore - https://www.border.gov.au/Trav/Visa-1/801- 300 Prospective Marriage - https://www.border.gov.au/visas/Pages/300-Prospective-Marriage.aspx Link to comment Share on other sites More sharing options...
Nemesis Posted March 28, 2016 Share Posted March 28, 2016 I don't know the details of the prospective marriage visa - I suggest you look them up if interested, but I understand that you must be getting married within a certain period of applying. The partner visa is usually granted as temporary if you've lived together three or less years, and permanent if living together more than three years / or have children. LINKS BELOW: 309/100 Partner Visa Offshore - https://www.border.gov.au/visas/Pages/309-100-Partner-(Provisional-and-Migrant).aspx 820/801 Partner Visa Onshore - https://www.border.gov.au/Trav/Visa-1/801- 300 Prospective Marriage - https://www.border.gov.au/visas/Pages/300-Prospective-Marriage.aspx The 5 years applies to Pros Marriage as well, because the partner is still the sponsor - same as with the APrtner Visa itself. Unless there are exceptional circumstances the OP would have to wait - but there ARE some exceptions, partly depending on why the original relationship broke up (domestic violence? death of partner? I'm just conjecturing....... An agent may be able to see a way to get a waiver. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.